Who was driving? Fatal crash case in hands of jury

Taylor Carbonaro and his girlfriend Mallory Hale were both violently thrown from a speeding car after an evening at a bar more than two years ago.

Hale, 24, died instantly. Carbonaro, now 23, survived.

A Monroe County Court jury must now determine who was driving that morning - Hale or Carbonaro. Lawyers on Monday morning offered closing arguments following the two-week-long trial.

"No one will dispute that Mallory Hale's death is a tragedy for many people," said Carbonaro's lawyer Matthew Lembke.

But, he argued, Hale was driving when the fatal collision occurred. Carbonaro, he said, suffered a brain injury and couldn't clearly remember what happened that night.

Taylor Carbonaro of Sweden(Photo: Provided)

"Any college freshman will tell you, just because you don't remember something didn't happen doesn't mean it didn't happen," said Assistant District Attorney Darren Pilato, who prosecuted the case with ADA Raymond Benitez.

Carbonaro is accused of speeding, driving drunk and in a reckless manner on Route 19 in Sweden on Feb. 17, 2012. He is facing a five-count indictment that includes charges of second-degree manslaughter and second-degree vehicular manslaughter, both felonies, in connection with the fatal crash. He was also charged with driving while intoxicated, driving with a blood-alcohol content greater than .08 percent and reckless driving, all misdemeanors.

Both Carbonaro and Hale, of Sweden, were thrown from the car. Neither were wearing seat belts. Hale suffered life-ending injuries, including a broken neck.

Carbonaro was wedged underneath a nearby trailer and repeatedly told paramedics and deputies - at the scene, in the ambulance and at the hospital - that he drank too much alcohol and was behind the wheel of the crumpled car and apologized for his action, Pilato said.

Lembke argued that Hale's injuries were consistent with someone who had been behind the wheel rather than a passenger. Pilato argued the opposite: that Carbonaro was immediately thrown out the driver's door and "Hale was left in the car like a piece of laundry in a dryer."

Three people on the road that morning testified that the car was speeding - traveling well-above the road's posted 55 mph speed limit - and had swerved around a car moments before abruptly exiting the road and striking a tree, utility pole and parked car.

One witness said he saw a man speed by driving "gangster-style," described as leaning back in the driver's seat with one-hand on the wheel, Pilato said.

Lembke told jurors that in order to believe the prosecution's theory, "you have to believe in a series of minor miracles. You have to take leaps of faith."

Both lawyers urged jurors to consider all testimony and evidence, including medical records and other documents.

"He was frantic and panicking but was well aware of his surroundings," Pilato said. "Think of it through the eyes of a 21-year-old man ... He knows what happened, and he knows the consequences."

Jurors deliberated for approximately five hours. Deliberations resumed Tuesday morning.